St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-16

Kent, charged with embeZZlement.
The demurrer was argued on the
grounds that the facts as set forth in the
Indictment do not constitute a public
0ffenSe. In the case of the state against
Richarl Kerl, found guilty of assault in
new trial was argued shortly
after the trial, Judge Will
kin has granted the motion.
The case of Harold Thomas against the
st. Paul IL Duluth Railroad company,
in which the plaintiff asked for $1,000
damages for being forced to jump from
moving train, came up for trial before
Judge Wilkin yesterday. After the
prosecution had introduced its teSti
mony the defense moved for dismissal
on the ground of contributory negii-
gence and the motion was granted. The
case of MaXfield IL Seabury against j.
Z. Harder y CO. was tried yesterday. be-
fore Judge Kelly. This was an action
to recover on account, and the jury re-
turned verdict in favor of the plaintiff
for S214.24, the full amount claimed.
In the case of Hotfheimer Bros. against
Julius KeSSler, action to recover on
prOmiSSory notes, the jury returned a
verdict for S2,532.2S in favor of the
plaintiff. William Esch has filed an
appeal from the assessment of the board
of public works in the matter of open
ing, widening and extending Mime
haha street, from Como avenue to West
ern avenue.
TO-DAY'S CALENDAR CALL.
The following jury cases have been
set for to-day:
Siegfried & Brandenstein against John C.
Hill.
Reid, Murdoch Il Fischer, against Matilda
johnson ct al.
Louis H. Maxfield ct al against Henry
Johns.
Ingersoll & Camden against James Linden.
The following jury cases are set for
hearing:
T. P. /. Goddard ct al. against James
King.
The Chicago, Milwaukee & ST. Paul Rail-
way company against W. F. Davidson.
City of st. Paul against The Chicago, Mil
Waukee q st. Paul Railway company.
Charles j. Berryhill against Anna M.
Anable.
SUPREME COURT DECISIONS.
Decisions were filed in twelve cases in
the supreme court yesterday, the Syl-
labl of which are given below:
Orestes S. Brown, as administrator of the es-
tate of David Brown, deceased, respondent,
VS.. Julia A. Brown and Mary /. Brown, as
the ADMINISTRATIVE of the estate of David A.
Brown, deceased, appellants.
PENDANTS for an order opening judgment
taken against them by default and for leave
to answer When. upon such application, a
merltorious case for the relief asked was pre-
scented, held that it was not Il reasonable eX-
ercise of the discretion of the court to require
OF the defendants as a condition that they
file bond with resident securities, to be ap-
proved by the court, i'll a sum sufficient to Sc
cure the payment of the amount of said
money Judgment as the plaintiffs might re-
cover in their action. The case is remanded,
with directions to modify the order in accord
ance with this opinion and for further pro-
ceedingS. VANDERBURG, j.
Moline Milburn Co., respondent, VS.. Lesser
Franklin, appellant.
Syllabus-In an action to recover personal
property, alleged to have been obtained by
the false representations of defendant as to
the solvency of the maker of promiSsory
note by plaintiff, in payment of the prop
erty, it is not necessary that these false repre-
sensations should have been the sole opera
tive cause inducing plaintiff to take the note.
it is enough if they constitute one of the sub
stantial inducements to such action. 1t is no
defense to such an action that there are SOL
vent lndorSerS on the note. The plaintiff has
a right to a solvent maker as represented, and
is not required to take his collecting from
the indorsers. When two transactions of the
defendant are not separate and independent
frauds but parts of one fraudulent scheme
both committed in pursuance of q common
purpose, evidence Of the other transaction is
admissible for the purpose of proving the
motive or intention which actuated the de-
feneant in the one under investigation.
Affirmed. MITCHELL, j.
Ole o. Torp appellant, VS.. Ole Ii. Gulsath
respondent.
Syllabus-In an action by a mortgagor of
chattels against the mortgage for an alleged
premature and wrongful taking by the latter,
the value of the property should be assessed
subject to the liens thereon, and the plaintiff
can only recover the value of his interest or
equity. A surety upon note given by his
principal for the purchase price of a chat
tle-the title to which it was expressly
stipulated should remain in the sellar until
full satisfaction of the debt, is entitled, upon
the payment of the debt by him, to be subro-
gated to all the rights and remedies of the
creditor, and has the same rights, as the
equitable assignee of the latter, to take pos
session of the property for his security. The
right OF such surety to be so subrogated is not
affected by the fact that he holds mortgage
upon the same property for another and
prior debt. Order affirmed.
VANDERBURG, J.
Graw and Honora McGraw, administra-
tors of Phillip McGraw, deceased, (substi-
tuted) and Honora McGraw, appellants.
Syllabus-In an action for the specific per-
Torrance of parole agreement, for the sale
and conveyance of which the vendee had
entered and made valuable improvements
the agreement as proved by the plaintiff and
found by the court, did not conform strictly
to that alleged in the complaint, as respects
the boundaries and nature of the grant or
conveyance to be made of a part of the
| premises Held, that the pleadings might
probably have been amended so as to con-
should be disregarded in this court Where
married woman is not party to the con-
tract sought to be enforced She should be re-
CURED by the Judgment of the court.to join
in the conveyance decrced. Order denying
new trial affirmed and the case remanded for
further proceedings.
VANDERBURG, j.
Annie Johnson, respondent, VS.. Magnus
HlllStrOm, appellant
Syllabus-One who is induced to enter into
a contract for the purchase of chattel in
payment of precedent debt, and in reliance
upon representations by the vendor as to the
character and quality thereof, which prove
false and fraudulent may rescind the con-
tract and return the chattel, and such reels
sion may be set up i'll the reply i'll action
brought by him to recover the original debt
Upon the issue of the false and fraudulent
warranty of a horse, testimony as to the
result of Il trial of the animal held compe-
tent, and evidence of the price offered for it
by third party not shown to be familiar
with its character or habits held properly
ruled out. Jurors are not permitted to de-
eide matters in issue upon their own private
knowledge of the facts, but may be aided by
their general knowledge and experience
upon such subjects. Order affirmed.
VANDERBURGH, j.
Peter NJ. Anderson, respondent, vs. Andrew
Il. Kittell, appellant.
Jacksonville return does not disclose
what disposition was made of this case on
the trial. 1t does not contain the verdict.
judgment or decision of the court upon such
trial. The record is therefore too incom-
plete SO entitle the appellant to be heard
upon his exception.